Texas 2021 - 87th Regular

Texas Senate Bill SB477

Caption

Relating to the administration and collection of sales and use taxes and certain fees applicable to sales involving marketplace providers.

Impact

The enactment of SB477 is expected to have significant implications for state tax laws. By establishing a fee structure and outlining the tax collection responsibilities of marketplace providers, the bill could enhance revenue for the state while simplifying compliance processes for businesses. The legislation is particularly relevant given the growing prominence of online marketplaces, ensuring that state regulations keep pace with modern retail practices. Moreover, the amendments to existing statutes clarify how various transactions trigger tax liabilities, further improving the effectiveness of tax collection efforts.

Summary

SB477 addresses the administration and collection of sales and use taxes and certain fees related to sales facilitated by marketplace providers in Texas. Specifically, the bill requires marketplace providers to collect fees for the sale of lead-acid batteries, establishing a fee structure based on battery capacity. This framework aims to streamline tax compliance for both marketplace providers and sellers, clarifying roles and responsibilities related to tax collection and reporting. By amending the Health and Safety and Tax Codes, the legislation creates clearer guidelines about the taxation responsibilities that marketplace sellers and providers must adhere to.

Sentiment

General sentiment around SB477 appears to be largely positive, particularly among proponents who see it as a necessary measure to adapt to the evolving marketplace landscape. Supporters argue that the bill will aid in preventing tax evasion and promote fairness in the retail sector. However, there may be concerns from smaller retailers or individual sellers about the potential administrative burdens associated with compliance. The ability to effectively implement the provisions of the bill may also raise questions for those in the marketplace sector, hinting at the need for adequate guidance and support from regulatory bodies.

Contention

Although the sentiment is largely supportive, some points of contention may arise regarding the practical implementation of the bill. Concerns could include the specificities of how marketplace providers will enforce these fees and whether the provisions provide adequate clarity to facilitate compliance without imposing undue hardship on smaller sellers. Additionally, some stakeholders may question whether the fee structure effectively balances the interests of the state in collecting taxes while ensuring that marketplace providers do not face overregulation that might stifle their operations.

Companion Bills

TX HB2398

Same As Relating to the administration and collection of sales and use taxes and certain fees applicable to sales involving marketplace providers.

Similar Bills

CA AB1790

Marketplaces: marketplace sellers.

CA AB1402

Marketplace facilitator: fee collection.

MI HB5745

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0930

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5746

Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).

CA SB301

Marketplaces: online marketplaces.

CA SB1312

Marketplace facilitators: passenger vehicle rental companies.